Judge Emmet Sullivan has created a dumpster fire of the Michael Flynn case in his desperation to keep it afloat awhile and cloud the issue of the FBI having targeted Flynn inappropriately.
Sullivan created the dumpster fire when he refused to dismiss the case despite both the defense and the prosecution moving to dismiss. Instead, Sullivan opened the door to amicus briefing, and appointed a retired judge, John Gleeson who already had shown a bias in the case, to write a brief on opposing the DOJ motion and opine on whether Flynn should be charged with perjury for pleading guilty to begin, allegedly under duress from the state.
Opening it up to such filings seemed to be completely political to give a platform to attack Flynn, President Donald Trump, and the DOJ, while obscuring the targeting by the FBI and the lack of predicate for a criminal case they had to begin with.
If that wasn’t already insane enough, now House Democrats, political opponents of Flynn and people who hate him are now being allowed to weigh in on whether to dismiss his case. This is insanely improper, it basically has Sullivan with the advice of Gleeson, both acting as judge and ‘prosecutor.’
How do they try to argue around what the FBI did to Flynn? They argue the DOJ’s request to dismiss is what’s improper and a sign of “corruption.”
Check out what nerve they have, given all the Democrats have done to undermine President Donald Trump and screw with the rule of law.
From Fox News:
“Few things are more corrosive to the rule of law — and the public’s confidence in the criminal justice system — than the injection of partisanship, favoritism or corruption into prosecutorial decisions,” the brief said. “In this case, the impropriety is barely concealed.”
The court filing followed another brief by retired Judge John Gleeson, who Sullivan appointed to file a brief on the issue. Both briefs cited language in the Federal Rules of Criminal Procedure that says case dismissals may be requested “by leave of court” in claiming that not only was judicial oversight of the DOJ’s motion permitted, but necessary.
“When considered in light of the well-established supervisory role of federal courts, the history of Rule 48(a)’s enactment powerfully demonstrates that Rule 48(a) contemplates a role for the federal judiciary in detecting — and preventing — politically motivated dismissals of criminal charges,” the Democrats argued.
They went on to claim that Attorney General Bill Barr’s history makes review of the motion an even greater importance. They cited Barr’s summary of the Mueller report that Democrats said “clearly minimized the Special Counsel’s findings about the president and his associates,” the decision to reverse course regarding the DOJ’s sentencing recommendation for Trump adviser Roger Stone and Barr’s failure to testify before them to address these matters.
Translation: even now, they are still trying to push the Russia collusion delusion, despite Mueller saying there was no collusion, despite all the Obama officials testifying no one ever saw any evidence. None of that justifies the lack of predicate in going after Flynn which is why the DOJ dismissed and House Democrats should not have any say in whether the case is dismissed. They decry the “politicization” of the case. But the very fact that the judge has allowed then to comment is politicizing the case, they themselves are guilty of what they accuse the DOJ of and the judge has allowed it.
“General Flynn was set up by the Comey cabal,” a Republican spokesperson for the Judiciary Committee said in a statement in response to the brief. “It’s amazing how House Democrats, who were once so concerned about civil liberties, are willing to ignore their principles for sake of their obsession with removing President Trump from office and destroying the lives of his associates.”
The D.C. Circuit Court of Appeals will hear oral arguments Friday over whether Sullivan can refuse to grant the DOJ’s motion.
Maybe they need to take a look in the mirror and check all the improper things they did to undermine the Trump team. Rectifying the impropriety is not a sigh of partisanship.